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RS 173.110.133 Guidelines of 6 November 2006 concerning the judicial column of the Federal Court

Original Language Title: RS 173.110.133 Directives du 6 novembre 2006 concernant la chronique judiciaire du Tribunal fédéral

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173.110.133

Guidelines for the Federal Court's Judicial Chronicle

On 6 November 2006 (State on 27 December 2006)

The Administrative Commission ,

Having regard to art. 17, para. 4, let. H, and 27, para. 4, of the Act of 17 June 2005 on the Federal Court (LTF) 1 , and given art. 61, para. 2, of the November 20, 2006, Regulations of the Federal Tribunal 2 ,

Stops :

Art. 1 Purpose

The purpose of these guidelines is:

A.
The guarantee of information to the public relating to the activity of the Federal Court;
B.
The protection of the parties and other interested parties in the proceedings.
Art. 2 Scope of application

These guidelines are applicable to journalists 1 Accredited to the Federal Court.


1 In these guidelines, the generic masculine is used to refer to both sexes.

Art. 3 Accreditation

1 Journalists wishing to chronicle the judicial activity of the Federal Court for Media appearing or established in Switzerland may file an application for accreditation in writing with the General Secretariat. A curriculum vitae must be attached to this application.

2 Accreditation is granted when the conditions for registration in the professional register are met.

3 Journalists who devote at least 80 percent of the working time of a full-time activity to the chronicle of the case-law of the Federal Court, to other federal judicial authorities or-to the extent that Swiss judgments are Concerned-in European courts, are accredited as journalists whose professional activity is primarily carried out in the Federal Court. The main activity must be established.

4 Audiovisual journalists for the media appearing or established in Switzerland may be accredited for their work at the Federal Court.

Art. 4 Duration and Revocation of Accreditation

1 Accreditation is granted for a period of four years or, for a period of four years, for the remainder of the period. An application for renewal of the accreditation must be filed no later than two months before the expiry of a four-year period.

2 Anyone who does not keep the chronicle of the Federal Court should inform the Secretariat-General.

3 The General Secretariat shall revoke accreditation where the conditions of the accreditation are no longer fulfilled.

Art. 5 Chronicle of judicial activity and citation of names

1 The chronicle of judicial activity must preserve the interests worthy of protection of the parties, in particular their rights of personality. This applies in particular to the quotation of names.

2 On request, the Federal Court informs the media of the reasons which, in its view, preclude the disclosure of the names.

Art. 6 Embargo

1 The Federal Court can put the embargo on the chronicle of judicial activity.

2 As a general rule, for famous cases, the embargo falls to 12 hours on the third day as soon as the parties are sent (on the day of the consignment being included) on the eighth day in the other cases.

3 The embargo falls when the public has already been informed of the content of the decision by another source of information, before the deadline.

Art. 7 Information

1 When a journalist wishes to receive information, he or she may apply to the Press Service. This service forwards the requests to the competent persons and, if necessary, designates the persons to whom the information may be obtained. In special cases, a written request may be required.

2 Exceptionally, the Press Service shall indicate whether a proceeding is pending, provided that there is no legal provision against it and that the President of the Court concerned has given his consent.

3 The ushers' service provides information on public meetings.

4 The Head of the Chancery provides information on the availability and mailing of the documents.

Art. 8 Access to premises

Accredited journalists have access to the press, courtrooms and cafeteria at the Federal Court.

Art. Premises for View and Sound

1 The Secretariat-General indicates the premises made available for the taking of views and its inside the buildings of the Federal Court.

2 For the taking of views and sound outside the places specially indicated, an authorisation from the General Secretariat, respectively of the President of the competent court, is required.

Art. 10 Order of Seating at Public Hearings

The seat reserved for media activity is primarily at the disposal of accredited journalists whose professional activity is primarily exercised by the Federal Court. The ushers' service is responsible for the seating positions.

Art. 11 Service benefits for accredited journalists

1 The Federal Court makes available to accredited journalists the following documents:

A.
Lists of public hearings;
B.
Statements of fact of cases which are the subject of a public meeting in a form adapted to journalistic activity;
C .
For famous cases and on written request: information on the stage of proceedings (suspensory effect, suspension, resumption of cause, sending of the device) provided that the President of the Court has given his consent;
D.
For famous cases and those which are the subject of a public sitting: judgments in a form adapted to journalistic needs and as indicated by the President of the Court;
E.
On request: judgments which are not accessible via the Internet;
F.
The management report of the Federal Court in the Federal Assembly (art. 3, para. 2 LTF);
G.
Other press releases.

2 The documents are intended exclusively for the chronicle of judicial activity. They are made available to the Federal Court and the Internet in a database accessible with a password.

3 The Federal Court makes available photocopiers and guarantees free access to its bank of paid stops on the internet.

Art. 12 Service benefits for accredited journalists whose professional activity is primarily at the Federal Court

The Federal Court sends accredited journalists whose professional activity is primarily to the Federal Court the following documents:

A.
Lists of public hearings;
B.
Judgments rendered at a public hearing;
C.
Judgments for publication;
D.
Communications relating to famous causes.
Art. 13 Legitimising card

1 A legitimising card is given to accredited journalists.

2 The legitimising card must be issued immediately after the expiration or revocation of the accreditation.

3 A legitimising card can be given to the technical staff of the electronic media if necessary.

Art. 14 Sanctions

1 Accredited journalists who violate these guidelines may receive a reprimand.

2 In serious cases, accreditation may be revoked temporarily or permanently.

Art. 15 Right of appeal

1 The decisions of the General Secretariat concerning the refusal or revocation of accreditation and the measures provided for in Art. 14 may be appealed within 30 days of their communication to the Federal Court of Appeal Board of Appeal.

2 The decisions of the Board of Appeal are final.

Art. 16 Repeal of the law in force

Guidelines for the Chronicle of the Federal Court of 24 August 1994 1 Are repealed.


1 [RO 1994 2152, 2001 3258 art. 88 Ch. 2]

Art. 17 Entry into force

This Directive shall enter into force on 1 Er January 2007.



RO 2006 5663



Status on 27 December 2006